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Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)
.... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426.......and others..............Respondents Judgment May 19, 1998. Case Referred To- Md. Shoaib Vs. Government of Bangladesh, 27 DLR 315. Lawyers Involved: Mahmudul Islam, Advocate — For the Petitioner. Md. Altaf Hossain Khan, Deputy Attorney General with FKM Ahsan Mahbub, Assista......o.11, 38 of 1985 in taking several adjournments Government filed written statement on 5-2-86 in the Suit stating that the Gazette Notification has been published in respect of an area of 0.45 acre by mistake and the Government is going to publish a fresh notification by covering the remaining area o..Category: Property Law | Date: | Hits: 156
Sahajahan and others Vs. State, 2012, 41 CLC (HCD)
....y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......…………Opposite party Judgment June 19, 2012. Result: The Rule is discharged. Case Referred to- Abdul Wadud Vs. State, 48 DLR (AD) 6. Lawyers Involved: No one appears - For the Petitioners. Mrs. Syeda Rabia Begum, Assistant Attorney General - For the Opposite Party. ......al by a unanimous decision. His lordship Mr. Justice Mustafa Kamal in paragraph 7 of the judgment observed as follows: “It is therefore of no consequence if the learned Sessions Judge has made a mistake in holding that since he had taken charge of the Sessions Division on January 23, 1991, a fr..Category: Criminal Law | Date: | Hits: 124
Taju Mia and others Vs. State and another, 2012, 41 CLC (HCD)
....y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......€¦â€¦â€¦â€¦Opposite parties Judgment June 3, 2012. Result: The Rule is discharged. Case Referred to- Abdul Wadud Vs. State, 48 DLR (AD) 6. Lawyers Involved: No one appears - For the Petitioners. Mrs. Syeda Rabia Begum, Assistant Attorney General - For the Opposite Party. ......al by a unanimous decision. His lordship Mr. Justice Mustafa Kamal in paragraph 7 of the judgment observed as follows: “It is therefore of no consequence if the learned Sessions Judge has made a mistake in holding that since he had taken charge of the Sessions Division on January 23, 1991, a fr..Category: Procedural Law | Date: | Hits: 112
Abul Kashem & anothÂer Vs. State, 1990, 19 CLC (HCD)
....is commuted to one of imprisonment for life. The Reference No.1 of 1987 under section 374 of the Code of Criminal Procedure is rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378........ Result: Both the appeals are dismissed. Cases Referred to- Hamida Begum Vs. the State, PLD 1978 SC (AJ & K) 102; State Vs. Badiuzzaman, 25 DLR Dhaka 41; Palka Narayan Swami Vs. Emperor AIR 1939 (PC) 47; Ratan Kha Vs. The State 40 DLR 186; State Vs. Lalu Mia and anÂother, 39 DLR (A......e rickÂshaw van at Monoharpur Bazar whereas P.W.22 said that the accused offered to sell at Monirampur Bazar. It is nobody's case that the accused went to MoniÂrampur Bazar and this appears to be a mistake committed by the trial Judge in recording the deposition and in place of Monoharpur inadvert..Category: Criminal Law | Date: | Hits: 147
Lal Banoo and others Vs. Md. Yasin Abdul Aziz and others, 1989, 18 CLC (HCD)
....arned subordinate Judge. He howÂever pointed out that it is apparent on the face of the record that the correction of plot No.953 of Khatian No.48 by substituting plot No.935 is not correct and is a clerical error in view of the Khatian Ext.1 and that the said plot should continue to be read as plo.....................Respondents Judgment June 28, 1989 Result: The appeal is dismissed. Cases Referred to- Maharaja Bhupendra Chandra Singha Sarma and other Vs. Sudhindra Ch. Singha and ors, 5 DLR 142; Mst. Ghulam Ilahi Vs. Muhammad Waris Khan, 10 DLR (FC) 174; Abdul Gani Talukder alia...... the result the appeal is dismissed without costs. The Judgement and decree passed by the learned Subordinate Judge, Dhaka is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 335...Category: Property Law | Date: | Hits: 135
Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)
....t Court and SCC Judge, Faridpur in SCC Suit No.1 of 1995 are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 393. ...... The Rule is made absolute. Cases Referred to- Seati Bibi Vs. Jogendra Nath, 57 IC 593; Abdul Aziz Vs. Abdul Majid, 46 DLR (AD) 121. Lawyers Involved: BK Das, Advocate — For the Petitioner. Md. Emdadul Hoque Azad, Advocate — For the Opposite Parties. Civil......on 23-6-1993 which was received by the defendant on 4-7-1993 specifically giving 15 days notice for vacating the suit premises and, as such, sufficient notice being given to the defendant there is no mistake in the notice in question and thus the decree passed by the trial Court cannot be questioned..Category: Property Law | Date: | Hits: 101
Abdul Kashem Vs. University of Chittagong, 2008, 37 CLC (HCD)
....946, examination held in the year 1983 as early as possible preferably within 2(two) months from the date of receipt of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 518. ......ial Original Jurisdiction) Present: AFM Abdur Rahman J SM Emdadul Hoque J Abdul Kashem......………………Petitioner Vs. University of Chittagong represented by the Vice-Chancellor and others………….Respondents Judgment October 15, 2008. Result: The Rule is mad...... time, concerned officer of the controller of Examination told him that there are discrepancy in between the mark sheet submitted by him and the Tabulation sheet in respect of marks and also there is mistake in the English certificate in respect of name and for correcting the mistake of his name he ..Category: Others | Date: | Hits: 186
.... service cannot be sustained.
In the result, the Rule in all the Writ petitions are made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 459....... & others………………….Respondents
Judgment
March 13, 1989.
Result:
The Rule in all the Writ petitions are made absolute.
Lawyers Involved:
Abu Sayeed Ahmed, Advocate - For the PetiÂtioners (In all the Writ Petitions).
A.F. Hasan Ariff, Deputy Attorney General - For...... aforesaid surprise visit he was away from the border outpost on some personal necessity, keeping the Second man, namely, Habilder Abu Bakar in charge of the outpost for a short duration but owing to mistake and inadvertence his temporary abÂsence was not noted in the General Diary. As a result the..
Category: Others | Date: | Hits: 167
Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)
....ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519....... Referred to- Asia Khatun Vs. Kutu Bewa, 6 DLR page 156; Daibakilal Basak Vs. Iqbal Ahmed, 1965 PLD Dhaka 411. Lawyers Involved: Akram Hossain Amin with Md. Sajjad Ali Chowdhury Advocates - For the Petitioners. Md. Ansar Ali, Advocate - For the Opposite Party. Civil Revision Case No.1......ough taking resort to the proÂvision laid down in section 31 of the Specific Relief Act. It is indeed matter of rectification of the deed. Section 31 reads thus:- "When, through fraud or a mutual mistake of the parties, a contract or other instrument in writing does not truly express their inten..Category: Property Law | Date: | Hits: 134
Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)
....rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463.......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Petitioner Vs. Habibullah Sheikh……………………………Opposite Party Judgment January 11, 1989. Result: The Rule is made absolute without any order as to costs. Cases Referred to- 29 DLR 301; 9 DLR 89; 5 DLR 451; 8 DLR 258; Sasadher Gh......ion of this section not only to applications and suits but also to appeals specified in Schedule III of that Act. It was contended in that case that when the appellate Court admits the appeal through mistake in spite of the fact that the appellant had not made neÂcessary deposit under Section 174(5..Category: Property Law | Date: | Hits: 106
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ......……Appellant Vs. Rowshan Akhter and others…………..Respondents Judgment May 11, 2010. Result: The appeal is allowed in part. Life is a bundle of incident. Every child is born with expectation of life and with constitutional guaranteed right of basic requirements for livi......also for the way in which he does it. If a servant does negligently that which he was authorized to do carefully, or if he does fraudulently that which he was authorized to do honestly, or if he does mistakenly that which he was authorized to do correctly, his master will answer for that negligence,..Category: Civil Law | Date: | Hits: 339
Seraj Miah Vs. State, 1997, 26 CLC (HCD)
....assed by the trial Court are upheld. The appellant will undergo the sentence of imprisonment for life without having to pay any fine. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 192. ......¦â€¦â€¦â€¦..…….Respondent Judgment February 5, 1997. Result: The appeal is dismissed. Cases Referred to- Rameshwar Vs. State of Rajasthan, 1952 SCA 40; Abbas Ali Shah Vs. Emperor, 143; Abdul Gani and others Vs. State, 11 DLR (Dhaka) 338; State Vs. Badiuzzaman and another, 25 ......s Ali Shah Vs. Emperor, 143 Indian Cases 479 for the contention that “Children are a most untrustworthy class of witnesses, for when of a tender age, as our common experience teaches us, they often mistake dreams for reality, repeat glibly as of their own knowledge what they have heard from others..Category: Procedural Law | Date: | Hits: 94
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
....o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ......din and others………………………..Respondents (In both the appeals) Judgment May 25, 2004. Result: The appeals are dismissed. Cases Referred to- Bangladesh Vs. Dhaka Steel Works Limited, 45 DLR (AD) 69; People's Republic of Bangladesh and others Vs. A.T.J. Industries, 28 D...... by President's Order No. SEC-XI/IM-35/71/17 dated 30th December, 1971, which does not give them such authority to take over the possession of any property, inasmuch as assuming that there has been a mistake, in referring/mentioning the law, though it has not been established to be so, it shows the ..Category: Property Law | Date: | Hits: 111
Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)
....r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445.......(Special Original Jurisdiction) Present: MA Aziz J Nozrul Islam Chowdhury J Sadia Chowdhury Parag…………………………………………...Petitioner Vs. Chairman, Film Censor Board & others.................Respondents Judgment January 27, 2003. Result: The......rn-again marketing expert once hired by Universal to placate conservative critics and now a critic himself, believes the six-week jump will unleash more Fundamentalist anger. "It’s the most serious mistake a studio has made in decades," he says. 25. The dramatic centrepiece of the film is a hal..Category: Civil Law | Date: | Hits: 210
Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)
....us (Pre‑emption) Case No.11 of 1987 as expeditiously as possible, preferably within 3 months, from the date of receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ...... The Rule is made absolute. Cases Referred to- Abdus Samad and others Vs. Md. Sohrab Ali and others, 33 DLR (AD) 113. Lawyers Involved: HN Nondy with Md. Khurshid Alam Khan, Advocates‑For the Petitioners. Bivash Chandra Biswas, Advocate‑For the Opposite Parties. Civil Revision...... case on the finding that such an amendment would cause serious prejudice to the pre‑emptees. 6. Mr. HN Nondy, the learned Counsel appearing for the petitioners, submitted that due to accidental mistake Dhaduri Bibi was not impleaded as a party in the case. Moreover, her name was not recorded i..Category: Property Law | Date: | Hits: 94
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
....uld not administer an oath to the respondent without a correction was to have a correction made. There was not the slightest doubt that the respondent was the person who had been elected. A slight clerical mistake had been made in his description. As he was a member he was according to the rele...... hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420.......dminister an oath to the respondent without a correction was to have a correction made. There was not the slightest doubt that the respondent was the person who had been elected. A slight clerical mistake had been made in his description. As he was a member he was according to the relevant rules..Category: Election Law | Date: | Hits: 211
Sekandar Spinning Mills Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2011, 40 CLC (HCD)
....ect. The respondent is hereby directed to re-adjust the amount of Taka 10,90,585 in the VAT Register of the petitioner company at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 272....... and others………………Respondent Judgment February 9, 2011. Result: The Rule is made absolute. Lawyers Involved: Tanim Hussain Shawon with Abdullah Mahmood Hasan, Advocate - For the Petitioner. SM Moniruzzaman, Assistant Attorney-General - For the Respondent. Writ Peti......closing balance as credit balance and then to take release of the goods. 9. Against which the petitioner submitted a letter on 27-4-2006 before the respondent No.1 explaining the situation and the mistake committed by the respondent No.3 and the Audit Team. The petitioner sought immediate relief ..Category: Fiscal/Taxation Law | Date: | Hits: 196
Abdul Jalil & other Vs. Islami Bank BanglaÂdesh Ltd. and others, 2011, 40 CLC (AD)
....th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107.......ent October 12, 2011. Result: The appeal is dismissed. Cases Referred to- Sreemati Pushapa Rani Das Vs. AKM Habibur Rahman, 13 BLD (AD) 217. Lawyers Involved: Mahmudul Islam, Senior Advocate instructed by Md. Zahirul Islam, Advocate-on-Record—For Appellants. TH Khan, Senior......t has already been discussed above that in the earlier suit the defendants rather pleaded and claimed that the CS Plot No.371 though actually measured 0.90 acre of land but in the CS Khatian, through mistake it has been wrongly recorded as 0.0090 acre (90 Ajutangsha) and both the trial Court and app..Category: Procedural Law | Date: | Hits: 108
Chittagong Port AuthoÂrity Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
.... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ......-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ......ffer submitted by the 1st party and their quotation of Taka 17,42,26,000 + 10,37,538 in total Taka 17,52,58,538 is in fact for one or each unit of complete boat along with spare parts of one boat and mistake also resulted in the contract dated 18-10-04 between the 1st and 2nd party specifically at t..Category: Alternative Dispute Resolution | Date: | Hits: 334
State Vs. A K M Mohiuddin, 1996, 25 CLC (HCD)
....charge levelled against him. He be set at liberty forthwith if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 447. ......……………Respondent Vs. A K M Mohiuddin………………Appellant Judgment May 7, 1996. Result: The appeal is allowed. Lawyers Involved: Syed Ziaul Karim, Advocate ‑ For the Appellant. SA Hasan, Assistant Attorney‑General ‑ For the State. Criminal Appeal No...... withdrew the amount of Taka 1,882.50 from the aforesaid account No. C‑C/2 of P.W.2 Moniruddin for payment of his Insurance Premium on 11‑3‑86 vide debit voucher Ext.22 but due to his bona fide mistake the premium of the insurance of the said P.W.2, could not be paid by the accused appellant a..Category: Criminal Law | Date: | Hits: 99
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